LACHHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was working as 'Gram -Sevak' in the Gram Panchayat -Sarawanwala, Panchayat Samiti -Pilibanga, Hanumangarh, has filed this writ petition against the communication (Annex.P/13) dated 24.08.2011 issued by the Chief Executive Officer, Zila Parishad, Hanumangarh to the Block Development Officer of the said Panchayat Samiti -Pilibanga to lodge FIR against the petitioner for investigation on the basis of complaint of the complainants, namely, Gurjeet Singh and Jagnandan Singh, that the petitioner while working as 'Gram -Sevak' had collected money from these persons without any authority and this amounted to financial irregularity/defalcation committed by him and, therefore, the matter deserves to be investigated.

(2.) MR . J.S. Bhaleria, learned counsel for the petitioner urged that enquiry was already held in the matter at the instance of various other persons that the money so collected for various projects of the Gram Panchayat were returned back to them when the project was not finally sanctioned and undertaken and these two persons had never given any money to the present petitioner, and therefore, even though the petitioner can be departmentally proceeded against, there is no justification for again filing of FIR at the instance of these 2 complainants and hence, the present writ petition has been filed for preventing the filing of such FIR.

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that the present writ petition is absolutely premature and misconceived at this stage. The law should be allowed to take its own course and if upon a fresh complaint having been filed, the concerned Executive Officer has directed the Block Development Officer to lodge FIR in the matter, that too about 3 years back, no relief as claimed in the present writ petition for quashing of that communication can be granted to the petitioner in exercise of extraordinary jurisdiction by this Court under Article 226 of the Constitution of India. A bare perusal of the previous FIR would show that the same was for alleged taking out the record of the Panchayat Samiti by the petitioner while working as 'Gram -Sevak', whereas in the present impugned communication, which is not even addressed to the petitioner, the allegations sought to be made are for the unauthorized and illegally taking of money from the village people and two of them appear to have approached the said Chief Executive Officer, Zila Parishad, Hanumangarh. These are matters of enquiry and investigation and at this stage, invoking of the extraordinary writ jurisdiction of this Court, even against filing of the FIR against him, cannot be interfered with.